Charlie Morgan wrote:
On 30 Oct 2006 18:05:06 -0600, Dave wrote:

On Mon, 30 Oct 2006 17:30:37 -0500, Charlie Morgan said:

Please refresh my memory, Jeff. I've seen the term "Right of Way" in the Inland
rules, and in the Connecticut Automobile Drivers handbook. How does it apply to
the Colregs?
Pedantry, pedantry, Charlie.

It's not as if he's speaking in tongues. I applaud Jeff for using plain
English. Most of us could figure out what he means.

Oh, no, Dave. When it's Jeff's turn to correct others he INSISTS on absolute
accuracy. When he is arguing a technical point, he owes it to all of us to be
completely accurate. The thread is about using either a strict or loose
interpretation. Every syllable counts! Reducing jargon is a fine goal, but this
particular thread is not the place. As a lawyer, you should know that. :^)


That's a crock of **** - I've never been picky about this issue. I've
only mentioned it to get it out of the way. When I learned the rules
phrases like right of way and burden and privilege were common, so I'm
quite happy to use them, even prefer them, with the understanding that
it isn't the way the rules are currently worded and the concepts have
shifted.

This thread is certainly not about a strict interpretation. It can't
be, because the facts of the the various cases recently referenced
(the sunfish, the sport fishermen, the amateur tow) are quite vague.
The issue is whether the rules can be ignored in favor of common
sense. Or, if the rules and common sense lead to different results,
which do you follow? Or, can the casual student of the rules learn
enough so that with a little common sense, a safe course can be
followed?

My issue with Frank is that some people make up concepts that simply
don't exist in the rules. In a very large sense, maneuverability is
behind many of the rules. However, in real life the rules have to be
applied without that being the primary deciding factor. As a
secondary issue, a 20 foot sailboat must consider the "limitations" of
a 600 foot tanker, but the sailboat is still standon. (If you really
want pedantry, consider why a CBD is not standon wrt the sailboat -
worth 5 points.)

And another thing - Scotty implied he avoids getting into situations
where knowledge of the rules is needed. In Frank's case, he seemed to
be demanding that others should follow his private definitions.
There's a big difference.